BILL NUMBER: AB 2812	CHAPTERED  09/23/00

	CHAPTER   576
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 9, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JUNE 12, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000

INTRODUCED BY   Assembly Member Mazzoni

                        FEBRUARY 28, 2000

   An act to amend Sections 60604, 60605, 60640, 60641, 60643,
60643.1, 60644, 60645, and 60648 of, and to add Sections 60642.5 and
60649 to, the Education Code, relating to achievement tests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2812, Mazzoni.  California Assessment of Academic Achievement.
   Existing law requires the Superintendent of Public Instruction to
design and implement, and requires the governing board of a school
district to conduct, a testing program based on a statewide pupil
assessment program consisting of (1) systematic achievement testing
of pupils in grades 2 to 11, inclusive, pursuant to the Standardized
Testing and Reporting (STAR) Program and (2) an assessment of basic
academic skills and applied academic skills of all pupils in grades
4, 5, 8, and 10.  Existing law states the intent of the Legislature
that the achievement test used in grades 2 to 11, inclusive, be
augmented with items that assess the specific grade-level content
standards and produce valid and reliable scores for pupil achievement
for each of the performance standards adopted by the board.
   This bill would delete the intent of the Legislature regarding the
augmentation of the achievement test and instead would require the
Superintendent of Public Instruction, with approval of the State
Board of Education, to provide for the development of an assessment
instrument that measures the degree to which pupils are achieving the
academically rigorous content standards and performance standards,
to the extent standards have been adopted by the State Board of
Education.  The bill would require this standards-based achievement
test to include, at a minimum, a direct writing assessment once in
elementary school and once in middle or junior high school and other
items of applied academic skills if deemed valid and reliable and if
resources are made available for their use.  The bill would require
the State Board of Education, in approving a contract for the
development or administration related duties of the standards-based
achievement test, to consider prescribed criteria.
   The bill would delete the requirements regarding the assessment of
basic academic skills and applied academic skills of all pupils in
grades 4, 5, 8, and 10 from the statewide pupil assessment program.
   Existing law requires the State Board of Education to ensure that
the statewide assessment system yields valid, reliable estimates of
individual pupil performance, school performance, school district
performance, and statewide performance of pupils that assesses basic
academic skills and incorporates the use of direct writing assessment
and other assessments of applied academic skills if deemed valid,
reliable, and cost effective.
   This bill would instead require the State Board of Education to
ensure that the statewide assessment system yields valid, reliable
individual pupil scores and, where applicable, aggregate school
scores, school district scores, and statewide scores of pupils and
assesses basic academic skills and the extent to which pupils are
meeting content standards, including the use of a direct writing
assessment or other applied academic skills if deemed valid and
reliable and if resources are made available for their use.
   Existing law requires the State Board of Education, following
consideration of recommendations of the Superintendent of Public
Instruction, to award a contract or contracts to develop performance
standards according to competitive bidding procedures.
   This bill would delete this requirement.
   Existing law required the State Board of Education to consider
certain criteria when designating the nationally normed achievement
test.  Among those criteria is the ability of the test publisher to
report results, as specified, by July 8.
   This bill would extend the reporting deadline to August 8.
   The bill would require the Superintendent of Public Instruction
and the State Board of Education, on or before March 1, 2001, to
report on the status of implementing the statewide pupil assessment
program as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 60604 of the Education Code is amended to read:

   60604.  (a) The Superintendent of Public Instruction shall design
and implement, consistent with the timetable and plan required
pursuant to subdivision (b), a statewide pupil assessment program
consistent with the testing requirements of this article in
accordance with the objectives set forth in Section 60602.  That
program shall include all of the following:
   (1) A plan for producing valid, reliable, and comparable
individual pupil scores in grades 2 to 11, inclusive, and a
comprehensive analysis of these scores based on the results of the
achievement test designated by the State Board of Education that
assesses a broad range of basic academic skills pursuant to the
Standardized Testing and Reporting (STAR) Program established by
Article 4 (commencing with Section 60640).
   (2) A method of working with publishers to ensure valid, reliable,
and comparable individual, grade-level, school-level,
district-level, county-level, and statewide scores in grades 2 to 11,
inclusive, that is based on the achievement test designated pursuant
to subdivision (b) of Section 60605.
   (3) Statewide academically rigorous content and performance
standards that reflect the knowledge and skills that pupils will need
in order to succeed in the information-based, global economy of the
21st century.  These skills shall not include personal behavioral
standards or skills, including, but not limited to, honesty,
sociability, ethics, or self-esteem.
   (4) A statewide system that provides the results of testing in a
manner that reflects the degree to which pupils are achieving the
academically rigorous content and performance standards adopted by
the State Board of Education.
   (5) The alignment of assessment with the statewide academically
rigorous content and performance standards adopted by the State Board
of Education.
   (6) The active, ongoing involvement of parents, classroom
teachers, administrators, other educators, governing board members of
school districts, and the public in all phases of the design and
implementation of the statewide pupil assessment program.
   (7) The development of a contract or contracts with a publisher or
publishers, after the approval of statewide academically rigorous
content standards by the State Board of Education, for the
development of performance standards and assessments of applied
academic skills designed to test pupils' knowledge of academic skills
and abilities to apply that knowledge and those skills in order to
solve problems and communicate.
   (b) The superintendent shall develop and annually update for the
Legislature a five-year cost projection, implementation plan, and
timetable for implementing the program described in subdivision (a).
The annual update shall be submitted on or before March 1 of each
year to the chairperson of the fiscal subcommittee considering budget
appropriations in each house.  The update shall explain any
significant variations from the five-year cost projection for the
current year budget and the proposed budget.
   (c) The Superintendent of Public Instruction shall provide each
school district with guidelines for professional development that are
designed to assist classroom teachers to use the results of the
assessments administered pursuant to this chapter to modify
instruction for the purpose of improving pupil learning.  These
guidelines shall be developed in consultation with classroom teachers
and approved by the State Board of Education before dissemination.
   (d) The Superintendent of Public Instruction  and the State Board
of Education shall consider comments and recommendations from school
districts and the public in the development, adoption, and approval
of assessment instruments.
   (e) The results of the achievement test administered pursuant to
Article 4 (commencing with Section 60640) shall be returned to the
school district in the same academic year in which the test was
administered and no later than July 30 of the calendar year in which
the test was administered.
  SEC. 2.  Section 60605 of the Education Code is amended to read:
   60605.  (a) (1) (A) Not later than January 1, 1998, the State
Board of Education shall adopt statewide academically rigorous
content standards, pursuant to the recommendations of the Commission
for the Establishment of Academic Content and Performance Standards,
in the core curriculum areas of reading, writing, and mathematics to
serve as the basis for assessing the academic achievement of
individual pupils and of schools, school districts, and the
California education system.  Not later than November 1, 1998, the
State Board of Education shall adopt these standards in the core
curriculum areas of history/social science and science.
   (B) The board shall adopt statewide performance standards in the
core curriculum areas of reading, writing, mathematics,
history-social science, and science based on the recommendations made
by a contractor or contractors.
   (C) The State Board of Education shall require the contractor or
contractors to submit performance standards to the board not later
than a specified date that allows sufficient opportunity for the
board to conduct regional hearings prior to the adoption of the
performance standards by the dates specified in subparagraph (B).
   (2) (A) The State Board of Education may modify any proposed
content standards or performance standards prior to adoption and may
adopt content and performance standards in individual core curriculum
areas as those standards are submitted to the board by the
commission or the contractor.  The performance standards shall be
established against specific grade level benchmarks of academic
achievement for each subject area tested and shall be based on the
knowledge and skills that pupils will need in order to succeed in the
information-based, global economy of the 21st century.  These skills
shall not include personal behavioral standards or skills,
including, but not limited to, honesty, sociability, ethics, or
self-esteem.  The standards adopted pursuant to this section shall be
for the purpose of guiding state decisions regarding the
development, adoption, and approval of assessment instruments
pursuant to this chapter and shall not be construed to mandate any
actions or activities by school districts.
   (B) Because these standards are models, the adoption of these
standards is not subject to the Administrative Procedure Act.  This
subparagraph is declaratory of existing law.
   (3) Before adopting academic content and performance standards,
the board shall hold regional hearings for the purpose of giving
parents and other members of the public the opportunity to comment on
the proposed standards.
   (b) (1) The State Board of Education shall require the State
Department of Education to notify publishers of the opportunity to
submit, for consideration by the State Board of Education pursuant to
Section 60642, tests of achievement that include all of the basic
academic skills identified in subdivision (c) of Section 60603 in
grades 2 to 8, inclusive, and the core curriculum areas identified in
subdivision (e) of Section 60603 in grades 9 to 11, inclusive.
   (2) On or before October 31, 1997, the Superintendent of Public
Instruction shall recommend to the State Board of Education which
achievement test to adopt pursuant to subdivision (b) of Section
60642.
   (c) (1) The State Board of Education shall ensure that the
statewide assessment system adopted pursuant to this chapter yields
valid, reliable individual pupil scores and, where applicable,
aggregate school scores, school district scores, and statewide scores
of pupils and assesses basic academic skills and content standards,
including the use of a direct writing assessment or other applied
academic skills if deemed valid and reliable and if resources are
made available for their use.
   (2) Nothing in this subdivision shall be construed to prevent the
State Board of Education from developing or adopting an assessment
instrument that also contains assessments of basic academic skills.
   (d) To the extent feasible and as otherwise required, the State
Board of Education shall ensure that assessments developed, or
contracted for, by the state are aligned with the statewide content
and performance standards adopted pursuant to subdivision (a).
   (e) After adopting statewide content standards, the State Board of
Education shall review the achievement test designated pursuant to
Section 60642 for conformance with these statewide standards.
   (f) After adopting statewide content and performance standards,
the State Board of Education shall review the existing curriculum
frameworks for conformity with the new statewide standards and shall
modify the curriculum frameworks where appropriate to bring them into
alignment with the standards.
   (g) The State Board of Education shall adopt regulations for the
conduct and administration of the testing and assessment program.
   (h) The State Board of Education shall adopt a regulation for
minimum security procedures that test and assessment publishers and
school districts must follow to ensure the security and integrity of
test and assessment questions and materials.
  SEC. 3.  Section 60640 of the Education Code is amended to read:
   60640.  (a) There is hereby established the Standardized Testing
and Reporting Program, to be known as the STAR Program.
   (b) Commencing in the 1997-98 fiscal year and each fiscal year
thereafter, and from the funds available for that purpose, each
school district, charter school, and county office of education shall
administer to each of its pupils in grades 2 to 11, inclusive,
before June 15, the achievement test designated by the State Board of
Education pursuant to Section 60642 and the standards-based
achievement test provided for in Section 60642.5.  The State Board of
Education shall establish a testing period to provide that all
schools administer these tests to pupils at approximately the same
time during the instructional year, except as necessary to ensure
test security and to meet the final filing date.
   (c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils no later than June
25.
   (d) The governing board of the school district may administer
achievement tests in kindergarten, and grade 1 or 12, or both, as it
deems appropriate.
   (e) Individuals with exceptional needs who have an explicit
provision in their individualized education program that exempts them
from the testing requirement of subdivision (b) shall be so exempt.

   (f) At the school district's option, pupils of limited English
proficiency who are enrolled in any of grades 2 to 11, inclusive, may
take a second achievement test in their primary language.  Primary
language tests administered pursuant to this subdivision and
subdivision (g) shall be subject to the requirements of subdivisions
(b), (c), (d), and (e) of Section 60641.  These primary language
tests shall produce individual pupil scores that are valid and
reliable.  Notwithstanding any other provision of law, the State
Board of Education shall designate for use, as part of this program,
a single primary language test in each language for which such a test
is available for grades 2 to 11, inclusive, no later than November
14, 1998, pursuant to the process used for designation of the
assessment chosen in the 1997-98 fiscal year, as specified in
Sections 60642 and 60643, as applicable.
   (g) Pupils of limited English proficiency who are enrolled in any
of grades 2 to 11, inclusive, shall be required to take a test in
their primary language if such a test is available, if fewer than 12
months have elapsed after their initial enrollment in any public
school in the state.
   (h) (1) The Superintendent of Public Instruction shall apportion
funds to school districts to enable school districts to meet the
requirements of subdivisions (b), (f), and (g).
   (2) The State Board of Education shall annually establish the
amount of funding to be apportioned to school districts for each test
administered and shall annually establish the amount that each
publisher shall be paid for each test administered under the
agreements required pursuant to Section 60643.  The amounts to be
paid to the publishers shall be determined by considering the cost
estimates submitted by each publisher each September and the amount
included in the Budget Act and by making allowance for the estimated
costs to school districts for compliance with the requirements of
subdivisions (b), (f), and (g).
   (3) An adjustment to the amount of funding to be apportioned per
test may not be valid without the approval of the Director of
Finance.  A request for approval of an adjustment to the amount of
funding to be apportioned per test shall be submitted in writing to
the Director of Finance and the chairpersons of the fiscal committees
of both houses of the Legislature with accompanying material
justifying the proposed adjustment.  The Director of Finance is
authorized to approve only those adjustments related to activities
required by statute.  The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
   (i) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation for the apportionments made pursuant to paragraph (1)
of subdivision (h), and the payments made to the publishers under the
contracts required pursuant to Section 60643 or subparagraph (C) of
paragraph (1) of subdivision (a) of Section 60605 between the State
Department of Education and the contractor, shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
applicable fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for that
fiscal year.
   (j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the superintendent
all of the following:
   (1) The number of pupils enrolled in the school district in grades
2 to 11, inclusive.
   (2) The number of pupils to whom an achievement test was
administered in grades 2 to 11, inclusive, in the school district.
   (3) The number of pupils in paragraph (1) who were exempted from
the test pursuant to subdivision (e) of Section 60640.
   (4) The number of pupils in paragraph (1) who were exempted from
the test at the request of their parents or guardians.
  SEC. 4.  Section 60641 of the Education Code is amended to read:
   60641.  The State Department of Education shall ensure that school
districts comply with each of the following requirements:
   (a) The achievement test designated pursuant to Section 60642 and
the standards-based achievement test provided for in Section 60642.5
are scheduled to be administered to all pupils during the period
prescribed in subdivision (b) of Section 60640.
   (b) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the pupil'
s parent or guardian.  The written report shall include a clear
explanation of the purpose of the test, the pupil's score, and its
intended use by the school district.  Nothing in this subdivision
shall be construed to require teachers to prepare individualized
explanations of each pupil's test score.
   (c) The individual results of each pupil test administered
pursuant to Section 60640 shall also be reported to the pupil's
school and teachers.  The school district shall include the pupil's
test results in his or her pupil records.  However, except as
provided in this section, individual pupil test results may only be
released with the permission of the pupil's parent or guardian.
   (d) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting.  These results shall be reported at the same
meeting at which the results of the assessments of applied academic
skills are reported pursuant to Section 60609, when those assessments
are implemented.
   (e) The publisher designated pursuant to Section 60642 and the
publisher of the standards-based achievement tests provided for in
Section 60642.5 shall make the individual pupil, grade, school,
school district, and state results available to the State Department
of Education pursuant to paragraph (8) of subdivision (a) of Section
60643 by August 8 of each year in which the achievement test is
administered.  The State Department of Education shall make the
grade, school, school district, and state results available on the
Internet by August 15 of each year in which the achievement test is
administered.
  SEC. 5.  Section 60642.5 is added to the Education Code, to read:
   60642.5.  (a) The Superintendent of Public Instruction, with
approval of the State Board of Education, shall provide for the
development of an assessment instrument that measures the degree to
which pupils are achieving the academically rigorous content
standards and performance standards, to the extent standards have
been adopted by the State Board of Education.  This standards-based
achievement test shall contain the subject areas specified in
subdivision (c) of Section 60603 for grades 2 to 8, inclusive, and
the core curriculum areas specified in subdivision (e) of Section
60603 for grades 9 to 11, inclusive, and shall include, at a minimum,
a direct writing assessment once in elementary school and once in
middle or junior high school and other items of applied academic
skill if deemed valid and reliable and if resources are made
available for their use.
   (b) In approving a contract for the development or administration
of the standards-based achievement test, the State Board of Education
shall consider each of the following criteria:
   (1) The ability of the contractor to produce valid, reliable
individual pupil scores.
   (2) The ability of the contractor to report results pursuant to
subdivision (a) of Section 60643 by August 8.
   (3) The ability of the contractor to ensure alignment between the
standards-based achievement test and the academically rigorous
content and performance standards as those standards are adopted by
the State Board of Education.  This criterion shall include the
ability of the contractor to implement a process to establish and
maintain alignment between the test items and the standards.
   (4) The per pupil cost estimates of developing, and, if
appropriate, administering the proposed assessment with a system to
facilitate the determination of future per pupil cost determinations.

   (5) The contractor's procedures to ensuring the security and
integrity of test questions and materials.
   (6) The contractor's experience in successfully conducting testing
programs adopted and administered by other states.  For experience
to be considered, the number of grades and pupils tested shall be
provided.
   (c) The standards-based achievement tests may use items from other
tests including items from the achievement test designated pursuant
to Section 60642.
  SEC. 6.  Section 60643 of the Education Code is amended to read:
   60643.  (a) To be eligible for consideration under Section 60642
or 60642.5 by the State Board of Education, test publishers shall
agree in writing each year to meet the following requirements, if
selected:
   (1) Enter into an agreement, pursuant to subdivision (e), with the
State Department of Education by November 15, for the 1999-2000
school year, or by October 15, for any school year thereafter.
   (2) With respect to selection under Section 60642.5, align the
standards-based achievement test provided for in Section 60642.5 to
the academically rigorous content and performance standards adopted
by the State Board of Education.
   (3) Comply with subdivisions (c) and (d) of Section 60645.
   (4) Provide valid and reliable individual pupil scores only in the
content areas specified in subdivision (c) of Section 60642 to
parents or guardians, teachers, and school administrators.
   (5) Provide valid and reliable aggregate scores only in the
content areas specified in subdivision (c) of Section 60642 to school
districts and county boards of education in all of the following
forms and formats:
   (A) Grade level.
   (B) School level.
   (C) District level.
   (D) Countywide.
   (E) Statewide.
   (F) Comparison of statewide scores relative to other states.
   (6) Provide disaggregated scores, based on
limited-English-proficient status and non-limited-English-proficient
status.  For purposes of this section, pupils with
"non-limited-English-proficient status" shall include the total of
those pupils who are English-only pupils, fluent-English-proficient
pupils, and redesignated fluent-English-proficient pupils.  These
scores shall be provided to school districts and county boards of
education in the same form and formats listed in paragraph (5).
   (7) Provide disaggregated scores by pupil gender and provide
disaggregated scores based on whether pupils are economically
disadvantaged or not.  These disaggregated scores shall be in the
same form and formats as listed in paragraph (5).  In any one year,
the disaggregation shall entail information already being collected
by school districts, county offices of education, or charter schools.

   (8) Provide disaggregated scores for pupils who have
individualized education programs and have enrolled in special
education, to the extent required by federal law.  These scores shall
be provided in the same forms and formats listed in paragraph (5).
This section may not be construed to exclude the scores of special
education pupils from any state or federal accountability system.
   (9) Provide information listed in paragraphs (5), (6), (7), and
(8) to the State Board of Education and the State Department of
Education in the medium requested by each entity, respectively, by
the date set forth in subdivision (e) of Section 60641.
   (b) It is the intent of the Legislature that the publisher work
with the Superintendent of Public Instruction and the State Board of
Education in developing a methodology to disaggregate statewide
scores as required in paragraphs (6) and (7) of subdivision (a), and
in determining which variable indicated on the STAR testing document
shall serve as a proxy for "economically disadvantaged" status
pursuant to paragraph (7).
   (c) Access to any information about individual pupils or their
families shall be granted to the publisher only for purposes of
correctly associating test results with the pupils who produced those
results or for reporting and disaggregating test results as required
by this section.  School districts are prohibited from excluding a
pupil from the test if a parent or parents decline to disclose
income.  Nothing in this chapter shall be construed to abridge or
deny rights to confidentiality contained in the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) or other
applicable provisions of state and federal law that protect the
confidentiality of information collected by educational institutions.

   (d) Notwithstanding any other provision of law, the publisher of
the achievement test designated pursuant to Section 60642 and the
publisher of the standards-based achievement test provided for in
Section 60642.5 shall comply with all of the conditions and
requirements enumerated in subdivision (a) to the satisfaction of the
State Board of Education.
   (e) (1) Commencing January 1, 2000, a publisher may not provide a
test described in Section 60642 or 60642.5 or in subdivision (f) of
Section 60640 for use in California public schools unless the
publisher enters into a written contract with the State Department of
Education as set forth in this subdivision.
   (2) The State Department of Education shall develop, and the State
Board of Education shall approve, a contract to be entered into with
a publisher pursuant to paragraph (1).  The department may develop
the contract through negotiations with the publisher.
   (3) For purposes of the contract authorized pursuant to this
subdivision, the State Department of Education is exempt from the
requirements of Part 2 (commencing with Section 10100) of Division 2
of the Public Contract Code and from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code.
   (4) The contract shall include provisions for progress payments to
the publisher for work performed or costs incurred in the
performance of the contract.  Not less than 10 percent of the amount
budgeted for each separate and distinct component task provided for
in each contract shall be withheld pending final completion of all
component tasks by that publisher.  The total amount withheld pending
final completion shall not exceed 10 percent of the total contract
price.
   (5) The contract shall require liquidated damages to be paid by
the publisher in the amount of up to 10 percent of the total cost of
any component task that the publisher through its own fault or that
of its subcontractors fails to substantially perform by the date
specified in the agreement.
   (6) The contract shall establish the process and criteria by which
the successful completion of each component task shall be
recommended by the State Department of Education and approved by the
State Board of Education.
   (7) The publishers shall submit, as part of the contract
negotiation process, a proposed budget and invoice schedule, that
includes a detailed listing of the costs for each component task and
the expected date of the invoice for each completed component task.
   (8) The costs associated with item development shall be provided
as a separate amount and shall not be amortized across the number of
tests to be administered.
                                  (9) The contract shall specify the
following component tasks that are separate and distinct:
   (A) Development of new tests or test items as required by
paragraph (2) of subdivision (a).
   (B) Test materials production or publication.
   (C) Delivery of test materials to school districts.
   (D) Test processing, scoring, and analyses.
   (E) Reporting of test results to the school districts, including,
but not limited to, all reports specified in this section.
   (F) Reporting of test results to the State Department of
Education, including, but not limited to, the electronic files
required pursuant to this section.
   (G) All other analyses or reports required by the Superintendent
of Public Instruction to meet the requirements of state and federal
law and set forth in the agreement.
   (10) The contract shall specify the specific reports and data
files that are to be provided to school districts by the publisher
and the number of copies of each report or file to be provided.
   (11) The contract shall specify the means by which the delivery
date for materials to each school district shall be verified by the
publisher and the school district.
   (12) School districts may negotiate a separate agreement with the
publisher for any additional materials or services not within the
contract specified in this subdivision, including, but not limited
to, the administration of the tests to pupils in grade levels other
than grades 2 to 11, inclusive.  Any separate agreement is not within
the scope of the contract specified in this subdivision.
  SEC. 7.  Section 60643.1 of the Education Code is amended to read:

   60643.1.  (a) (1) Commencing in the 1999-2000 school year, and
each school year thereafter, the test publisher designated by the
State Board of Education pursuant to Section 60642 shall make
available a reading list on the Internet by June 1.  The reading list
shall include an index that correlates ranges of pupil reading
scores on the English language arts portion of the achievement test
designated pursuant to Section 60642 to titles of materials that
would be suitable for pupils in each of grades 2 to 11, inclusive, to
read in order to improve their reading skills.  This reading list
shall include titles of books that allow a pupil to practice reading
at his or her current reading level and that will assist the pupil in
achieving a higher level of proficiency.  To the extent possible,
the index shall also include information related to the subject
matter of each title.  At a minimum, the reading list shall also
categorize titles by subject matter and identify age-appropriate
distinctions in the list.
   (2) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher shall make available, for purchase by
school districts, a report that provides a numerical distribution of
the reading scores of all pupils in California who took the
achievement test designated pursuant to Section 60642.
   (3) Commencing in the 1999-2000 school year, and each school year
thereafter, the test publisher shall make available, for purchase by
school districts, reading lists that can be distributed to pupils
based on a pupil's age and the ranges of scores on the English
language arts portion of the achievement test designated pursuant to
Section 60642.
   (4) The requirements of this subdivision shall only become
operative upon a determination by the Director of Finance that funds
are available to make an adjustment pursuant to subdivision (h) of
Section 60640.
   (b) The State Board of Education and the Superintendent of Public
Instruction shall jointly certify that the process used by the
publisher to determine the reading levels of the corresponding
reading list pursuant to paragraph (1) of subdivision (a) meets the
following criteria:
   (1) The process is educationally valid.
   (2) The process results in a reading list for each reading span
that provides titles at the pupil's current reading level and the
next higher level for challenging practice.
   (3) The process results in a selection from the universe of titles
from the list developed pursuant to subdivision (d) that matches
each reading level.
   (4) The process is unbiased in the selection of publishers' titles
from the legal compliance list.
   (c) The titles listed at each reading level range posted on the
Internet and the reading lists made available to school districts
pursuant to subdivision (a) shall, at a minimum, include all relevant
literature materials approved as of September 1, 1999, as being
legally compliant pursuant to Article 3 (commencing with Section
60040) of Chapter 1, and the titles listed in all of the content area
reading and literature lists that are developed and published by the
State Department of Education and that have been determined by the
department to meet the relevant reading level as certified pursuant
to subdivision (b).
   (d) By imposing the requirements of this section on publishers, it
is not the intent of the Legislature to unfairly disadvantage any
publisher who has otherwise met the requirements of this section or
of Article 3 (commencing with Section 60040) of Chapter 1 of Part 33.

  SEC. 8.  Section 60644 of the Education Code is amended to read:
   60644.  In designating an achievement test pursuant to Section
60642, the State Board of Education shall adopt only a nationally
normed test and shall consider each of the following criteria:
   (a) Ability of the publisher to produce valid, reliable individual
pupil scores.
   (b) Quality and age of empirical data supporting national norm
referenced data analysis of the proposed assessment.
   (c) Ability to report results pursuant to the provisions of
paragraphs (4) to (7), inclusive, of subdivision (a) of Section 60643
by August 8.
   (d) Ability to report results that permit comparability between
data from school districts' previous administration of standardized
achievement tests, if feasible.
   (e) Per-pupil cost estimates of administering the proposed
assessment.
   (f) The publisher's procedure for ensuring the security and
integrity of test questions and materials.
   (g) Experience in the successful conduct of testing programs
adopted and administered by other states.  For experience to be
considered, the number of grades and pupils tested shall be provided.

  SEC. 9.  Section 60645 of the Education Code is amended to read:
   60645.  (a) The panel established pursuant to Section 60606 shall
review the achievement test designated by the State Board of
Education pursuant to Section 60642, the standards-based achievement
test provided for in Section 60642.5, and items identified in
subdivision (d) for compliance with Section 60614.
   (b) Any test questions or test content identified by the panel to
be out of compliance with Section 60614 shall be recommended for
deletion or replacement pursuant to subdivision (e) of Section 60606.

   (c) The State Board of Education shall ensure that any question or
content not in compliance with Section 60614 is deleted from
assessments designated pursuant to Section 60642 and the
standards-based achievement test provided for in Section 60642.5.
   (d) If necessary to maintain the requirements of Section 60642.5,
the publisher shall replace deleted test content with revisions that
comply with Section 60614 as required by the State Board of Education
pursuant to subdivision (c).
  SEC. 10.  Section 60648 of the Education Code is amended to read:
   60648.  The Superintendent of Public Instruction shall recommend,
and the State Board of Education shall adopt, levels of pupil
performance on achievement tests administered pursuant to this
article in reading, English language arts, and mathematics at each
grade level.  The performance levels shall identify and establish the
level of performance that is deemed to be the minimum level required
for satisfactory performance in the next grade.  These levels of
performance shall only be adopted after the standards-based
achievement tests have been aligned, pursuant to paragraph (2) of
subdivision (a) of Section 60643, to the content and performance
standards adopted by the State Board of Education pursuant to
subdivision (a) of Section 60605.
  SEC. 11.  Section 60649 is added to the Education Code, to read:
   60649.  On or before March 1, 2001, the Superintendent of Public
Instruction and the State Board of Education shall report to the
Legislature and the Governor on the status of implementation of this
chapter.  The report shall include, but not be limited to, the
following:
   (a) Description of the actions taken to ensure full coverage of
academic content standards in assessments developed pursuant to this
chapter.
   (b) Identification of the types of test items designed to measure
applied academic skills, as defined in subdivision (b) of Section
60603.
   (c) The means by which the Superintendent of Public Instruction
and the State Board of Education determine assessments are valid,
reliable, and provide consistent year-to-year comparisons of student
progress, consistent with nationally recognized and accepted test
construction and implementation methodologies, as applicable.
   (d) Recommendations to improve the state's assessment system,
identifying related costs or savings, and increases or decreases in
testing time.
